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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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Apr 20, 2013
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it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're getting overhead shot of the boat where the suspect was last night. this one is less clear. we're going put these on the screen. why is the boston public defender's office so anxious to get involved. >> probably running to the ideological on to the cynical. >> megyn: you think they are unhappy he hasn't been given miranda yet? >> good point. even if he had been given it and made statements and it's a slam-dunk case on video. they knead don't need any of it. >> megyn: so a confession in terms of figuring out the larger war on terror. >> it's a legitimate exception but a
it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're...
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Apr 20, 2013
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but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of relief and gladness and happy for all of tholce who are involved. i have a cold, and i took nyquil, but i'm still "stubbed" up. [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] it doesn't have a decongestant. no way. [ male announcer ] sorry. alka-seltzer plus fights your worst cold symptoms plus has a fast acting decongestant to relieve your stuffy nose. [ sighs ] thanks! [ male announcer ] you're welcome. that's the cold truth! [ male announcer ] alka-seltzer plus. ♪ oh what a relief it is! ♪ [ male announcer ] to learn more about the cold truth and save $1 visit alka-se
but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of...
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Apr 21, 2013
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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more information but certainly looking like a military tribunal. >> geraldo: do you want it to be a military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commercial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or...
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Apr 20, 2013
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they believe that -- the feds actually, when they took him in, they suspended his miranda rights for a 48 hour period and decide whether or not to seek the death penalty -- listen to this from last night as well. >> this is still an active and ongoing investigation. we're going to be reviewing all of the evidence. before that kind of a decision is made in terms of whether or not to seek the death penalty, you review all of the evidence and it's a very thoughtful, long process that is engaged and it's the attorney general of the department of justice that makes that final decision. >> martha: all right. so there you have that. let's bring in fox news legal analyst peter johnson, jr. peter, welcome. >> how are you? >> martha: that's the u.s. attorney on this case in boston. she says it's too early to talk about death penalty. >> i was really surprised and disturbed as an american and as a lawyer in watching that last night. you couldn't think of a more weak insip mid remark that she was making. the charges that will be filed in this case, i haven't seen them, but i can approximate what
they believe that -- the feds actually, when they took him in, they suspended his miranda rights for a 48 hour period and decide whether or not to seek the death penalty -- listen to this from last night as well. >> this is still an active and ongoing investigation. we're going to be reviewing all of the evidence. before that kind of a decision is made in terms of whether or not to seek the death penalty, you review all of the evidence and it's a very thoughtful, long process that is...
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Apr 21, 2013
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. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his heart and who is close to heart andse the leverage. misrepresent the facts, they will be arrested. >> gregg: the supreme court has said so. >> one thousand percent. this is the perfect scenario. all the leverage is on the side of the investigators. he has no idea. he is 19. he is dumb as rocks. he failed six out of seven classes in college. he forgott surveillance video existed in america by the bombing on monday. he is naive and impressionable. they can get to i am. >> gregg: you want to look at all electronic communications and personal property and his car. anybody he might have
. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his...
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Apr 21, 2013
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these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax prison in colorado. >> the 48-hour thing is not an absolute fixed time period. oh, by the way, military commissions which have not secured any convictions, really, against anyone since 9/11, there is a right to council and there procedures, too. all of which keep getting tested. don't work. >> enemy combatant has nothing to do with the military commissions. >> dzhokhar tsarnaev could be deemed enemy combatant and still tried in a civilian court, which is what happened the w jose padilla in the past. it's not done often and justice department is in unchartered waters for h
these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax...
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Apr 21, 2013
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mirandaizeing someone per tains to a custodial investigation. if you're going to be using confessions and admissions in that interrogation, subsequently in a court trial, in this instance they probably have a pretty good case. they've made a decision that the public safety now mandates trying to do everything they can to get him to talk to them. now the entire case also will swing towards motivation. what did these people do this for? why did he they do this? what we found as we started looking more into serial bombers and serial killers is that serial bombers are really idealogues. they don't do it for personal gain or not notoriety. they do it for the ideology. >> the cause. quick question. only 15 second. what are the chances that he talks? it seems that the older brother may have been the one that began on this path. what are the chab chances that y actually get this suspect to talk, assuming he lives? >> he may very well talk. theoreric rudolph didn't talk t, but saddam hussein talked to us eventually. this man may very well talk to us. whe
mirandaizeing someone per tains to a custodial investigation. if you're going to be using confessions and admissions in that interrogation, subsequently in a court trial, in this instance they probably have a pretty good case. they've made a decision that the public safety now mandates trying to do everything they can to get him to talk to them. now the entire case also will swing towards motivation. what did these people do this for? why did he they do this? what we found as we started looking...